The third element in play is for all JQC members picked by the House/Senate leadership (4), the Governor (1), or the Supreme Court (2) to be subject to Senate confirmation.

Appointments to the Judicial Qualifications Commission shall be subject to confirmation by the Senate as provided for by general law.

Most states do not allow for any such confirmation votes. Only 15 states have such votes, in a 16th (Virginia) all members of the judicial disciplinary commission are picked by the legislature therefore a confirmation vote is redundant.

Moreover, where states do allow for legislative confirmation votes, they do not allow the legislature the power to reject those appointments made by the judiciary/judges. Only 1 state, Texas, allows that state’s senate the power to confirm, or conversely reject, appointments made by the judiciary.

In all other states the power to confirm is limited to picks made by the Governor, the state bar, or by legislative leaders themselves.